THE NATIONAL CAPITAL TERRITORY OF DELHI LAWS 
(SPECIAL PROVISIONS) SECOND ACT, 2009 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title, extent, commencement and duration. 
2.  Definitions. 
3.  Enforcement to be kept in abeyance. 
4.  Provisions of this Act not to apply in certain cases. 
5.  Power of Central Government to give directions.  

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THE NATIONAL CAPITAL TERRITORY OF DELHI LAWS 
(SPECIAL PROVISIONS) SECOND ACT, 2009 

ACT NO. 40 OF 2009 

[22nd December, 2009.] 

An Act to make special provisions for the National Capital Territory of Delhi for a further period 
up  to  the  31st  day  of  December,  2010  and  for  matters  connected  therewith  or  incidental 
thereto. 

WHEREAS there had been phenomenal increase in the population of the National Capital Territory of 
Delhi  owing  to  migration  and  other  factors  resulting  in  tremendous  pressure  on  land  and  infrastructure 
leading to encroachment or unauthorised developments which are not in consonance with the concept of 
planned development as provided in the Master Plan for Delhi, 2001 and the relevant Acts and building 
bye-laws made thereunder; 

AND WHEREAS the Master Plan of Delhi, 2001 was extensively modified and notified by the Central 
Government on the 7th day of February, 2007 with the perspective for the year2021 keeping in view the 
emerging new dimensions in urban development vis-a-vis the social, financial and other ground realities; 

AND WHEREAS the Master Plan of Delhi with the perspective for the year 2021specifically provides 

for strategies for housing for urban poor as well as to deal with thein formal sector; 

AND  WHEREAS  a  strategy  and  a  scheme  has  been  prepared  by  the  local  authorities  in  the  National 
Capital Territory of Delhi for regulation of urban street vendors in accordance with the National Policy 
for Urban Street Vendors and the Master Plan for Delhi, 2021, and is being implemented; 

AND  WHEREAS based on the policy finalised by the Central Government regarding regularisation of 
unauthorised  colonies,  village  a  badi  area  and  its  extension,  the  guidelines  and  regulations  for  this 
purpose have been issued; 

AND  WHEREAS  in  pursuance  of  the  guidelines  and  regulations  for  regularisation  of  unauthorised 
colonies, necessary steps are being taken which, inter alia, involve scrutiny of layout plans, assessment of 
built  up  percentage  existed  as  on  the  31st  day  of  March,  2002,  identification  of  mixed  use  of  streets, 
approval  of  layout  plans,  fixation  of  boundaries,  change  of  land  use  and  identification  of  colonies  not 
eligible for regularisation; 

AND  WHEREAS  more time is required for orderly implementation of scheme regarding hawkers and 

urban street vendors and for regularisation of unauthorised colonies, village abadi area and its extension; 

AND WHEREAS the revised policy and orderly arrangements for relocation and rehabilitation of slum 
dwellers and Jhuggi-Jhompri clusters in the National Capital Territory of Delhi has been considered and a 
Bill,  namely,  the  Delhi  Urban  Shelter  Improvement  Board  Bill,  2009  has  been  prepared  by  the 
Government  of  National  Capital  Territory  of  Delhi  to  provide  for  implementation  of  schemes  for 
improvement  of  Jhuggi-Jhompri  clusters  and  its  redevelopment  with  a  view  to  bring  improvement  in 
environment and living conditions, and preparing housing scheme for resettlement of persons; 

AND WHEREAS the draft policy regarding farm houses has been formulated by the Delhi Development 

Authority and has been forwarded to major stakeholders for their views and comments; 

AND WHEREAS in pursuance of the Master Plan for Delhi, 2021, the policy or plan regarding schools, 
dispensaries,  religious  institutions,  cultural  institutions,  storages,  warehouses  and  go  downs  used  for 
agricultural  inputs  or  produce  (including  dairy  and  poultry)  in  rural  areas  built  on  agricultural  land  is 
under consideration of the Central Government;  

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AND  WHEREAS  the  National  Capital  Territory  of  Delhi  Laws  (Special  Provisions)  Act,  2007 
(43 of 2007) was enacted on the 5th day of December, 2007 to make special provisions for the areas of 
National  Capital Territory  of  Delhi  for  a  period  up  to  the  31st  day  of  December,  2008which  ceased  to 
operate after the 31st December, 2008; 

AND  WHEREAS  the  National  Capital  Territory  of  Delhi  Laws  (Special  Provisions)  Act,  2009  
(24 of 2009) was enacted in continuation of the aforesaid Act referred to in the preceding paragraph for a 
period  up  to  the  31st  day  of  December,  2009  to  make  special  provisions  for  the  areas  of  the  National 
Capital Territory of Delhi and that Act ceased to operate after the 31st day of December, 2009; 

AND  WHEREAS  it  is  expedient  to  have  a  law  in  terms  of  the  Master  Plan  for  Delhi,  2021,  in 
continuation of the said Act for a period up to the 31st day of December, 2010 to provide for temporary 
relief  and  to  minimise  avoidable  hardships  and  irreparable  loss  to  the  people  of  the  National  Capital 
Territory  of  Delhi  against  any  action  by  the  concerned  agency  in  respect  of  persons  covered  by  the 
policies referred to above. 

BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:— 

1.  Short  title,  extent,  commencement  and  duration.—(1)  This  Act  may  be  called  the  National 

Capital Territory of Delhi Laws (Special Provisions) Second Act, 2009. 

(2) It extends to the National Capital Territory of Delhi. 

(3) It shall come into force on the 1st day of January, 2010. 

(4) It shall cease to have effect on the 31st day of December, 2010, except as respects things done or 
omitted to be done before such cesser, and upon such cesser section 6 of the General Clauses Act, 1897 
(10 of 1897), shall apply as if this Act had then been repealed by a Central Act. 

2. Definitions.—(1) In this Act, unless the context otherwise requires,— 

(a)  “building  bye-laws”  means  bye-laws  made  under  section  481  of  the  Delhi  Municipal 
Corporation  Act,  1957  (66  of  1957)  or  the  bye-laws  made  under  section  188,  sub-section  (3)  of 
section  189 and  sub-section  (1)  of  section  190  of  the  Punjab  Municipal  Act,  1911  (Punjab  Act 3of 
1911),  as  in  force in  New Delhi  or  the regulations  made  under  sub-section  (1) of  section  57  of  the 
Delhi Development Act, 1957 (61 of 1957) relating to buildings; 

(b)  “Delhi”  means  the  entire  area  of  the  National  Capital  Territory  of  Delhi  except  the  Delhi 

Cantonment  as  defined  in  clause  (11)  of  section  2  of  the  Delhi  Municipal  Corporation  Act,  1957              
(66 of 1957); 

(c) “encroachment” means unauthorised occupation of Government land or public land by way of 
putting  temporary,  semi-permanent  or  permanent  structure  for  residential  use  or  commercial  use  or 
any other use; 

(d)  “local  authority”  means  the  Delhi  Municipal  Corporation  established  under  the  Delhi 
Municipal  Corporation  Act,  1957  (66  of  1957),  or  the  New  Delhi  Municipal  Council  established 
under the New Delhi Municipal Council Act, 1994 (44 of 1994) or the Delhi Development Authority 
established under the Delhi Development Act, 1957 (61 of 1957), legally entitled to exercise control 
in respect of the areas under their respective jurisdiction; 

(e)  “Master  Plan”  means  the  Master  Plan  for  Delhi  with  the  perspective  for  the  year  2021, 
notified  vide notification number S.O.141(E), dated the 7th day of February, 2007, under the Delhi 
Development Act, 1957 (61 of 1957); 

(f) “notification” means a notification published in the Official Gazette; 

(g)  “punitive  action”  means  action  taken  by  a  local  authority  under  the  relevant  law  against 
unauthorised  development  and  shall  include  demolition,  sealing  of  premises  and  displacement  of 
persons  or  their  business  establishment  from  their  existing  location,  whether  in  pursuance  of  court 
orders or otherwise; 

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(h) “relevant law” means in case of— 

(i) the Delhi Development Authority, the Delhi Development Act, 1957 (61 of 1957); 

(ii)  the  Municipal  Corporation  of  Delhi,  the  Delhi  Municipal  Corporation  Act,  1957 

(66 of 1957); and 

(iii)  the  New  Delhi  Municipal  Council,  the  New  Delhi  Municipal  Council  Act,  1994 

(44 of 1994); 

(i) “unauthorised development” means use of land or use of building or construction of building 
or development of colonies carried out in contravention of the sanctioned plans or without obtaining 
the sanction of plans, or in contravention of the land use as permitted under the Master Plan or Zonal 
Plan or layout plan, as the case may be, and includes any encroachment. 

(2) Words and expressions used but not defined herein shall have the meanings respectively assigned 
to  them  in  the  Delhi  Development  Act,  1957  (61  of  1957)  the  Delhi  Municipal  Corporation  Act,  1957 
(66 of 1957) and the New Delhi Municipal Council Act, 1994 (44 of 1994). 

3.Enforcement  to  be  kept  in  abeyance.—(1)  Notwithstanding  anything  contained  in  any  relevant 
law  or  any  rules,  regulations  or  bye-laws  made  thereunder,  the  Central  Government  shall  before  the 
expiry of this Act, take all possible measures to finalise norms, policy guidelines, feasible strategies and 
make orderly arrangements to deal with the problem of encroachment or unauthorised development in the 
form of encroachment by slum dwellers and Jhuggi-Jhompri clusters, hawkers and urban street vendors, 
unauthorised  colonies,  village  abadi  area  (including  urban  villages)  and  its  extension,  existing  farm 
houses  involving  construction  beyond  permissible  building  limits  and  schools,  dispensaries,  religious 
institutions,  cultural  institutions,  storages,  warehouses  and  go  downs  used  for  agricultural  inputs  or 
produce (including dairy and poultry) in rural areas built on agricultural land, as mentioned below: 

(a)  policy  for  relocation  and  rehabilitation  of  slum  dwellers  and  Jhuggi-Jhompri  clusters  in 
accordance with the provisions of the Master Plan of Delhi, 2021 to ensure development of Delhi in a 
sustainable, planned and humane manner; 

(b) scheme and orderly arrangements for regulation of urban street vendors inconsonance with the 

national policy for urban street vendors and hawkers as provided in the Master Plan of Delhi, 2021; 

(c) orderly arrangements pursuant to guidelines and regulations for regularization of unauthorised 
colonies, village abadi area (including urban villages) and its extension, as existed on the 31st day of 
March,  2002,  and  where  construction  took  place  even  beyond  that  date  and  up  to  the  8th  day  of 
February, 2007; 

(d)  policy  regarding  existing  farm  houses  involving  construction  beyond  permissible  building 

limits; and 

(e)  policy  or  plan  regarding  schools,  dispensaries,  religious  institutions,  cultural  institutions, 
storages,  warehouses  and  go  downs  used  for  agricultural  inputs  or  produce  (including  dairy  and 
poultry) in rural areas built on agricultural land. 

(2) Subject to the provisions contained in sub-section (1) and notwithstanding any judgment, decree 

or order of any court, status quo— 

(i) as on the 1st day of January, 2006 in respect of encroachment or unauthorised development; 

and 

(ii)  in  respect  of  unauthorised  colonies,  village  a  badi  area  (including  urban  villages)  and  its 
extension,  which  existed  on  the  31st  day  of  March,  2002  and  where  construction  took  place  even 
beyond that date and up to the 8th day of February, 2007, mentioned in sub-section (1), 

shall be maintained. 

(3)  All  notices  issued  by  any  local  authority  for  initiating  action  against  encroachment  or 
unauthorised development referred to in sub-section (1), shall be deemed to have been suspended and no 
punitive action shall be taken till the 31st day of December, 2010. 

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(4) Notwithstanding any other provision contained in this Act, the Central Government may, at any 
time  before  the  31st  day  of  December,  2010,  withdraw  the  exemption  by  notification  in  respect  of 
encroachment or unauthorised development mentioned in sub-section (2) or sub-section (3), as the case 
may be. 

4. Provisions of this Act not to apply in certain cases.—During the period of operation of this Act, 
no relief shall be available under the provisions of section 3 in respect of the following encroachment or 
unauthorised development, namely:— 

(a) encroachment on public land except in those cases which are covered under clauses (a), (b) 

and (c) of sub-section (1) of section 3; 

(b)  removal  of  slums  and  Jhuggi-Jhompri  dwellers,  hawkers  and  urban  street  vendors, 
unauthorised colonies or part thereof, village  a badi area (including urban villages) and its extension 
in accordance with the relevant policies approved by the Central Government for clearance of land 
required for specific public projects. 

5. Power of Central Government to give directions.—The Central Government may, from time to 
time, issue such directions to the local authorities as it may deem fit, for giving effect to the provisions of 
this Act and it shall be the duty of the local authorities, to comply with such directions. 

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